What is the Fiancé Visa?
Many United States citizens wish to marry foreign nationals and live together in the U.S. However, it is imperative that you follow the appropriate immigration protocol in this situation. The U.S. government allows you to petition for a “fiancé” visa, officially called the K-1 Visa.
The Details:The K-1 Visa gives a foreign fiancé the authority to travel to the U.S., and they must marry the U.S. citizen within 90 days of arriving. Under immigration law, a fiancé is someone who is legally allowed to be married, and the U.S. citizen must also be legally allowed to marry as well. In most cases, the two must have spent time in person within the two years prior to applying for a fiancé visa, though there are exceptions for cultural arranged marriages and similar situations.
The Process:You can apply for a K-1 Visa by properly completing and filing a Petition for Alien Fiancé, which you must file within the U.S. The process may then go as follows:
USCIS approves your petition and sends it to the National Visa Center
The petition then must go through the U.S. Consulate or Embassy where your fiancé lives
You fiancé will need to undergo an interview at the Embassy or Consulate and provide documents such as a valid passport, medical examination forms, police forms for background checks, evidence of divorce or death of a previous spouse, and evidence of your relationship, among others
Note that if your foreign fiancé has children, they can also apply for K-2 Visas.
As always, every case is different, so we recommend that you consult with an immigration attorney before you begin this process.